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answered on Nov 30, 2018
This is going to depend on whether or not you have a court ordered parenting plan. If you do, immediately to file a motion to modify the judgment or prevent relocation of the child. If you do not, you need to file a petition to establish such a parenting plan. You will want an attorney to help you.... View More 
I am filing to get Sole Legal and Physical Custody. I need advice and help on what my chances are and what my defense is to protect my child. I am currently in a serious relationship and engaged. We have spoke about adoption but are not sure on what that process entails or what we need in order to... View More
answered on Nov 27, 2018
Considering that the father has been absent for so long, and did not comply with court orders, you may very well be able to get sole custody, especially if he continues to be absent and does not respond to the petition for custody.
Regarding your engagement, you and your new spouse will... View More
answered on Oct 31, 2018
If child support was ordered during the time you were denied access, then you must pay child support. Child support and parenting time are dealt with separately by courts. The reason why you were denied time may impact future time with your children. You need to find a local attorney to help you,... View More
If I live in Missouri, unmarried, and I am planning on having my child here in the next month. Can i move states after I have said child if father is on birth certificate?
answered on Oct 15, 2018
Based on what you have stated, it seems like you have no obligation to stay in your current state. However, attempting to prevent the father from having a relationship with his child can cause problems for you. Once the child is born, father has every right file a paternity action to establish... View More
There have been many changes since the 2nd time my ex filed for a modification, two of the four children are of age now, one of the remaining is in college at my expense so far. My main question, however, is to find out if i had any duty to report changes in my income to anyone. She has filed once... View More
answered on Oct 15, 2018
Without scouring through the statutes, there is nothing I can quickly recall that requires a parent to inform the other of increases in pay. However, in practice, there does seem to be an implied obligation based on the statutes that both parents should report changes in income in regards to child... View More
My attorney with held the settlement my husband and I agreed on until he recieved final payment. When I told him I would seek legal advise else where he quit. Can I take that settlement which my husbands lawyer drew up back to him signed and notarized and Let his attorney submit it to the court?... View More
answered on Oct 4, 2018
You have the right to represent yourself pro se, but pro se litigants generally don't fare well when up against a party represented by an attorney.
Mother only has visitation. My daughter is out of control and needs substance abuse treatment .Can she come to Missouri and just take my daughter out of state? She is $7000 behind in child support. Will I then have to pay the mother? Isn't it true that all guardianship paperwork would have to... View More
answered on Oct 2, 2018
Yes, further custody proceedings would have to be done in Missouri, in keeping with the current Court orders. Children do not get to decide where they live; if you have sole custody of your daughter, then neither she, nor her mother, may make the decision to change her residence. You will not... View More
answered on Oct 2, 2018
That depends on which parent is denying you time with the children. Grandparents' rights were created to help children maintain connections with both sides of their family. If your own child is denying you time with your grandchildren, you cannot request visitation time under... View More
I live in Missouri. My baby's biological father left me after I found out I was pregnant and has a new girlfriend. We were only together a few weeks. My baby is 5 months old and at his request we did a paternity test. He has still not met his baby or paid child support and Now he is wanting to... View More
answered on Sep 20, 2018
The only way to terminate a biological parents are with an adoption. However, unless there is a court order regarding custody, an unwed father does not have any rights to his children, so if you want to merely keep the child away from him, you do not have to do anything; so long as he does not... View More
I was 16 when my first child was born and my mother forced me to hyphenate her last name with her fathers and my maiden name. Her father and I are now married and have three more children and my daughter gets upset that her last name has the hyphen, unlike her siblings, father and I. How can I go... View More
answered on Sep 19, 2018
You need to petition the court to change the child's name, since both of her parents are on board it should be a simple enough fix. Talk to an attorney local to you to assist you.
I've been in court with my daughters father for over two years for custody and child support. The custody schedule is in place but I'm waiting on child support. It seems his lawyer is prolonging the case to keep him from paying. Every set court appearance for the past 5 months has been... View More
answered on Sep 18, 2018
Unfortunately, yes, a case can go on for months and years waiting on one party. The only thing you can do at this point is to keep asking for trial dates. Eventually the court will get tired of it and stop continuing it. In the until that time, you could ask for costs or enforcement of child... View More
answered on Sep 13, 2018
You can still start the process with the family support division, who will reach out to the other state if needed. You can also file a paternity action in Missouri. A paternity action would establish custody rights, visitation, and get you court ordered child support, rather than an administrative... View More
My child is 2 I have had him his whole life. My ex hasn't paid any child support, we were never married and already separated when my son was born. He never brought up in the OP about the child support, nothing. I don't know what to do they granted him the OP. We have court again this month
answered on Sep 13, 2018
You need to seek the advice of local counsel. This is a serious issue and you need to go to court. Orders of Protection have two phases. An ex parte, where the filing party gets a temporary order based purely on the petition. Then there's a court hearing to determine if the order needs to... View More
My daughter's father recently got kicked out of his house for not being able to pay rent. He moved into an unsafe house just to have a place to stay, and is now demanding that I take our daughter there and threatening me with attorneys and court cases. What are my rights?
answered on Sep 10, 2018
First of all, don't ever be afraid to go to court. Secondly, it is unclear from your question what the current parenting orders may be, if you have never been to court regarding custody, and the two of you are unmarried, then you are the only one with rights to the child. If the two of you... View More
We recently separated because he had an affair and he told us to come back to California to be with my family. I have a signed letter that I was taking my son. Then a few days later he signed a letter stating my son will live 100% of the time with me in California. Does he have any legal right to... View More
answered on Sep 10, 2018
As you two are separated and did not go through court to decided upon a parenting plan, you both have equal rights to your son. Talk to an attorney as soon as possible to pursue a legal separation or divorce which will include a court enforceable parenting schedule.
My attorney told me the Judge doesn't give credit for overnight visitation. This would have lowered my support by $599.00. Is what the attorney told me true?
answered on Sep 7, 2018
There are situations in which the overnight visitation credit may be rebutted or not given. For example, the overnight visitation credit will not be allowed (with certain exceptions) unless the adjusted monthly gross income of the parent receiving support exceeds a minimum set amount of income.... View More
The father ordered to pay just started working due to medical issues but only makes half of what ex (whom is primary) makes. He pays all childs expenses while at his home (buying clothes, food, etc), but court has ordered him to pay a quarter of what he makes a month all while trying to take care... View More
answered on Sep 4, 2018
It sounds like you need to talk to an attorney about seeking a modification.
My husband and I have been separated 9 years. My 12 year old daughter stays with me. 13 yr old son with him. Daughter doesnt want to go to grandparents house where dad lives every other weekend. She gets so stressed she stops eating. Does she honestly have to go? Its effecting her health. Theres no... View More
answered on Sep 4, 2018
If there is no court order, then there is nothing to enforce and she doesn't have to go. Be aware, you both have an equal right to the children, until a judge says otherwise, so he has every right to come and get her for visitation. Your best course of action, if you are not ready for a... View More
father and step mother are negative in there treatment and attitude towards.
answered on Aug 31, 2018
17 is a gray area. You must follow the court orders until the child is 18. However, if he wanted to file a family access motion to enforce visitation, or you wished to file a modification based upon their degrading relationship, then case may not get resolved until after the child turns 18, in... View More
I filed my Motion to Modify Child Custody (Support) on 25 July 2018, the original has not been altered since it was enforced in 2012. My ex-wife got legal aid and they are wanting to denie my Custody change for more time. They filed a Motion for Dismiss for Failure to State Claim. I am wanting to... View More
answered on Aug 29, 2018
You may file whatever you want. The safest approach would be to file a notice of hearing in order to get your motion for continuance heard.
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